Question 1

How long does trademark registration take in India?

Accepted Answer

After filing the TM-A application, the Trade Marks Registry typically issues the examination report within 12–18 months. If there are no objections, the mark is advertised in the Trade Marks Journal for 4 months opposition period. If no opposition is filed, the registration certificate is issued — total process: 18–30 months. However, trademark protection begins from the filing date (not registration date), so the ® symbol can be used once the mark is registered and the ™ symbol from the date of filing.

Question 2

Can I file a trademark for my logo and business name separately?

Accepted Answer

Yes — and it is strongly advisable to do so. A word mark (your business name) and a device mark (your logo) are filed as separate applications. This provides broader protection: the word mark protects the name regardless of font, style, or colour; the device mark protects the specific logo design. JCA typically files both simultaneously for comprehensive brand protection.

Question 3

What is the difference between a provisional and complete patent application?

Accepted Answer

A provisional patent application establishes a priority date for your invention without requiring a complete specification — you have 12 months to file the complete specification. It is useful when your invention is partially developed and you want to secure the priority date before competitors. A complete application includes the full claims, drawings, and specification. Filing provisional first gives you 12 months to complete R&D while protecting your priority date.

Question 4

How does DPIIT recognition help with IP filings?

Accepted Answer

DPIIT-recognised startups get: (1) 80% reduction in patent filing fees (from ₹8,000–₹16,000 to ₹1,600–₹3,200 for small entity); (2) 50% reduction in trademark filing fees; (3) fast-track patent examination — expedited to 3–6 months vs the standard 36–48 month queue; (4) a facilitator scheme where DPIIT-registered IP offices assist with patent applications free of charge. JCA handles both the DPIIT recognition and the subsequent IP filings for startups.

Question 5

What action can I take if someone is copying my trademark?

Accepted Answer

JCA pursues IP infringement through two primary pathways: (1) Cease and Desist: a formal legal notice demanding the infringing party stop using your mark — most infringers comply at this stage; (2) Trade Marks Registry opposition (if the infringing mark is pending registration) or cancellation (if already registered); (3) Civil infringement suit before the High Court — seeking injunction, damages, and costs. For counterfeiting and piracy, JCA coordinates with law enforcement for seizure of counterfeit goods. All actions begin with a cease and desist notice.

Intellectual Property Services